The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence on the part of the Defendant case is too unhued and unreasonable.

B. It is unreasonable for the court below to dismiss the request for attachment order of a location tracking device even though the defendant and the respondent for the attachment order (hereinafter “defendant”) are likely to recommit a sexual crime.

2. Determination

A. The Defendant’s crime of this case as to the part of the Defendant’s case is deemed to have been sexual intercourse by taking advantage of the victim’s potential condition under the influence of alcohol at the Defendant’s friendship room where the door was not set off, and the nature of the crime is not good. However, the Defendant did not have any record of criminal punishment due to sexual crimes, and the Defendant confessions and reflects the crime of this case, the victim is not punished, the Defendant’s punishment is not imposed, the Defendant’s punishment is leading to the Defendant, and other sentencing conditions indicated in the argument of this case, including the Defendant’s age, character and behavior, environment, motive and background of the crime of this case, the means and method of the crime of this case, and the circumstances before and after the crime, etc., the Prosecutor’s assertion in this part is without merit.

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the part regarding the claim for attachment order, the request for attachment order of this case shall be dismissed when a suspended sentence is sentenced to the specific crime case. As seen above, the lower court’s sentencing that ordered the suspended sentence against the Defendant is unreasonable and the Defendant’s social and family relation relation is publicly announced. Thus, the lower court’s dismissal of the request for attachment order of this case is justifiable, since it is difficult to view that the case constitutes “where attachment of an electronic device is required to verify the implementation of the requirements” under Article 28(1) of the above Act.

3. Conclusion.